Patna High Court
Umesh Kumar Rai @ Umesh @ Jhulan Rai @ JhulanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Umesh Kumar Rai, was arrested in connection with a case (PS Khusrupur case No. 361 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 58 litres of liquor were recovered. He contended that he had no possession of the liquor, no incriminating material was found on him, and he had no prior criminal record. The State opposed bail, while the petitioner’s counsel highlighted the lack of material evidence, clean antecedents, and the fact that the petitioner had been in custody since 18‑11‑2025 without compliance of Section 103 of the B.N.S.S., 2023. The Court, considering these circumstances, decided to grant bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case and the lack of incriminating material.
- Whether the non‑compliance of Section 103 of the B.N.S.S., 2023 affects the grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Bihar
- liquor seizure
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.131 of 2026
Arising Out of PS. Case No.-361 Year-2025 Thana- KHUSRUPUR District- Patna
======================================================
Umesh Kumar Rai @ Umesh @ Jhulan Rai @ Jhulan Son of Ram Narayan
Rai @ Narayan Rai Resident of village- Banstal Bind Toli, Police Station
-Khusrupur District -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Khusrupur P.S. case No.
361 of 2025 instituted for the offences under Section 30(a)of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 58 liters liquor
was recovered from sac.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
further submitted that the name of the petitioner has transpired
Patna High Court CR. MISC. No.131 of 2026(2) dt.19-01-2026
2/2
on the basis of disclosure made by local chowkidar. The
petitioner is in custody since 18.11.2025 and has got no criminal
antecedent. There is no compliance of Section 103 of B.N.S.S.,
2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent and the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Khusrupur P.S. case
No. 361 of 2025
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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